AKON MONIR v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

AKON MONIR v. TORTURE CLAIMS APPEAL BOARD/NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

Leave to apply for judicial review was refused because the Board's adverse credibility finding left no reliable factual basis for the claim and, alternatively, the Board's findings that no real risk of torture, CIDTP or persecution existed (and that state protection and internal relocation were available) meant the proposed review had no reasonable prospect of success.

Citation
[2019] HKCFI 2216
Parties
Applicant: Akon Monir; Putative Respondent: Torture Claims Appeal Board/Non-refoulement Claims Petition Office; Putative Interested Party: The Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 September 2019
Case Number
HCAL1797/2018
Procedural Posture
Application for Leave to Apply for Judicial Review / Leave Application Refused
Outcome
Leave to apply for judicial review refused; application dismissed
Legal Topics
Non Refoulement, Torture, Cruel, Inhuman or Degrading Treatment or Punishment, Article 2 HKBOR (right to Life), Article 3 HKBOR (cidtp), Persecution Under Refugee Convention, Credibility Findings, Internal Relocation, State Protection, Procedural Fairness, Leave to Apply for Judicial Review
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Refugee Law Non Refoulement Torture Cruel, Inhuman or Degrading Treatment or Punishment +8 more

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Parties

Akon Monir

Applicant

Torture Claims Appeal Board/Non-refoulement Claims Petition Office

Putative Respondent

The Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Leave Application Refused

Legal Issues

  1. 1 Whether the applicant was a credible witness
  2. 2 Whether there was a real risk of torture within the meaning of the Immigration Ordinance Part VIIC
  3. 3 Whether return would violate Article 2 HKBOR

Ratio Decidendi

Leave to apply for judicial review was refused because the Board's adverse credibility finding left no reliable factual basis for the claim and, alternatively, the Board's findings that no real risk of torture, CIDTP or persecution existed (and that state protection and internal relocation were available) meant the proposed review had no reasonable prospect of success.

Court Disposition

Leave to apply for judicial review refused; application dismissed

Orders

  • Leave to apply for judicial review is refused and the application is dismissed